No. 22-5517

Christopher Lee Cungtion, Jr. v. Iowa

Lower Court: Iowa
Docketed: 2022-09-07
Status: Denied
Type: IFP
IFP
Tags: criminal-jurisdiction deferred-judgments indian-law iowa-code-1-15a jurisdictional-transfer legislative-intent meskwaki-settlement pub-l-115-301 state-prosecution
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-11-04
Question Presented (AI Summary)

Whether the State of Iowa erred by continuing to prosecute criminal offenses involving Indians on the Meskwaki Settlement during the period between Iowa's legislation of Iowa Code § 1.15A and Congress' legislation of Pub. L. 115-301

Question Presented (OCR Extract)

QUESTIONS PRESENTED The General Assembly of lowa relinquished its concurrently held jurisdiction over criminal offenses involving Indians on the Meskwaki Settlement in Tama lowa in 2016. Two and one-half years later, Congress repealed the State’s jurisdiction over the same class of offenses. Did the State err by continuing to prosecute these offenses during the two and one-half years’ period between lowa’s legislation of iowa Code § 1.15A and Congress’ legislation of Pub. L. 115301? Did the General Assembly intend to include deferred judgments and suspended sentences in its abdication of jurisdiction in lowa Code § 1.15A? | | |

Docket Entries

2022-11-07
Petition DENIED.
2022-10-20
DISTRIBUTED for Conference of 11/4/2022.
2022-03-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2022)

Attorneys

Christopher Cungtion
Christopher Lee Cungtion Jr. — Petitioner
Christopher Lee Cungtion Jr. — Petitioner